DEPAMPHILIS v. KELLY

104116/2011.

36 Misc.3d 514 (2012)

944 N.Y.S.2d 861

2012 NY Slip Op 22132

In the Matter of RICHARD DEPAMPHILIS, Petitioner, v. RAYMOND W. KELLY, as Police Commissioner of the City of New York, et al., Respondents.

Supreme Court, New York County.

May 16, 2012.


Attorney(s) appearing for the Case

Karasyk & Moschella, LLP, New York City ( Philip Karasyk of counsel), for petitioner. Michael A. Cardozo , Corporation Counsel, New York City ( Robert Katz and Jane E. Andersen of counsel), for respondents.


OPINION OF THE COURT

MICHAEL D. STALLMAN, J.

In this CPLR article 78 proceeding, petitioner, a former veteran police officer, seeks to annul respondents' determination that he was automatically terminated as a police officer by operation of law due to his guilty plea to the class A misdemeanor of offering a false instrument for filing in the second degree; that he was not entitled to a hearing; and that he was therefore not eligible to retire and collect...

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